Title 54 — State Government

This chapter must be known as the Records Management Act.

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Agency" means any department, office, commission, board, or other unit, however designated, of the executive branch of state government, including the state board of higher education and the ent…

The chief information officer of the state or an individual designated by the chief information officer shall serve as the state records administrator, in this chapter referred to as the administrator. The administrator shall establish and administer in the executive branch of st…

Repealed by S.L. 1985, ch. 82, § 162.

The administrator shall, with due regard for the functions of the agencies concerned: 1. Establish standards, procedures, and techniques for effective management of records. 2. Make continuing surveys of operations and recommend improvements in current records management practice…

The head of each agency shall: 1. Establish and maintain an active, continuing program for the economical and efficient management of the records of the agency. 2. Make and maintain records containing adequate and proper documentation of the organization, functions, policies, dec…

Upon request, the administrator shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government and shall, as required by them, provide program services similar to those available to the executive branch of …

All records made or received by or under the authority of or coming into the custody, control, or possession of public officials of this state in the course of their public duties are the property of the state and may not be mutilated, destroyed, transferred, removed, sold, or ot…

The official or department head concerned and the state archivist shall review any records determined to be subject to final disposition under section 54-46-08. Any records found to be of permanent value for research, reference, or other use appropriate to document the organizati…

Nonrecord materials or materials not included within the definition of records as contained in this chapter may, if not otherwise prohibited by law, be destroyed at any time by the agency in possession of such materials without the prior approval of the administrator. The adminis…

The administrator shall promulgate such rules and regulations as are necessary or proper to effectuate the purposes of this chapter.

The annual report of the information technology department made in accordance with section 54-59-19 must describe the status and progress of programs established pursuant to this chapter and must include the recommendations of the administrator for improvements in the management …

The administrator shall adopt rules in accordance with chapter 28-32 for state and human service zone records. The rules adopted by the administrator must be consistent with records retention requirements imposed by federal law with respect to those records. The administrator, pr…

The head of an agency may provide, and the administrator may receive, any record necessary to effect the purposes of this chapter without regard to the confidential or secret nature of the information in the record. However, the administrator and agents or employees of the admini…